KUALA LUMPUR: The prosecution today dealt a major blow against Datuk Seri Dr Ahmad Zahid Hamidi after it succeeded in its application to impeach the latter's witness in his corruption trial for misappropriating millions of ringgit worth of funds from Yayasan Akalbudi.
High Court judge Datuk Collin Lawrence Sequerah said there were material discrepancies in contractor Jefri Jamil's statements when he testified as the third defence witness today.
Earlier, lead prosecutor Datuk Raja Rozela Raja Toran had sought to impeach Jefri after she alleged the witness gave a contradicting testimony in court compared with his statement given to the Malaysian Anti-Corruption Commission (MACC).
The drama unfolded when Raja Rozela started her cross-examination by scrutinising the witness about the payment he received from Zahid, who was the former deputy prime minister, over the construction of a mosque in Melaka.
The prosecution had applied to impeach Jefri under Section 155(c) of the Evidence Act 1950.
Under this section, the prosecution can confront the witness over inconsistent statements between what was made in court and the one given to the MACC during an investigation.
The tense atmosphere continued when the prosecution declined to hand over Jefri's statement to the MACC as it was classified under Official Secrets Act (OSA) 1972.
Zahid's lead counsel Hisyam Teh Poh Teik argued that they needed to review documents for their arguments later.
Raja Rozela said the prosecution would provide a copy of portions of Jefri's statement to the defence.
However, the prosecutor, after the lunch break told the court that both parties were not required to participate in the impeachment proceedings.
Raja Rozela said based on previous case law, only the judge and the witness needed to be involved in the proceedings.
She said the witness needed to explain the discrepancy on his/her disputed statements only to the judge.
Hisyam, however, asked the court to give him more time to reply to Raja Rozela's argument.
"The prosecution raised a very interesting point of law. This is the first time in my career a document has been classified under OSA and yet used in an impeachment proceedings.
"We ask for time to research on this," he said.
Sequerah later allowed Hisham's request and adjourned the proceedings to Oct 31.
Zahid, 69, is facing 47 charges, including 12 for criminal breach of trust, eight for corruption and 27 for money laundering involving RM31 million worth of Yayasan Akalbudi funds.
For the 12 criminal breach of trust charges, Zahid is alleged to have used the funds to make payments for personal credit cards, insurance policies and licences for his personal vehicles, remittances to a law firm and contributions to the police's football association.
The charge carries a maximum of 20 years' jail, whipping and a fine.